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Before the
Federal Communications Commission
Washington, D.C. 20554
)
EB-05-IH-0974
In the Matter of )
Facility ID No. 31936
JONES COLLEGE )
NAL/Account No.
Licensee of Noncommercial Educational ) 200832080019
Station WKTZ-FM, Jacksonville, Florida
) FRN 0001824077
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: January 16, 2009 Released: January 16, 2009
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Jones College, licensee of noncommercial educational Station WKTZ-FM,
Jacksonville, Florida, willfully and repeatedly broadcast prohibited
advertisements in apparent violation of Section 399B of the Communications
Act of 1934, as amended (the "Act"), and Section 73.503 of the
Commission's rules. Based upon our review of the facts and circumstances
of this case, we conclude that Jones College is apparently liable for a
monetary forfeiture in the amount of $5,000.
II. BACKGROUND
2. This case arises from a complaint made to the Commission's Tampa Office
on June 24, 2005, alleging that noncommercial educational Station WKTZ-FM
had broadcast prohibited underwriting announcements. Following the
complaint, agency monitoring and recording of station broadcasts was
conducted on July 2 and 9, 2005. Thereafter, the Enforcement Bureau
("Bureau") inquired of the licensee concerning these matters. Jones
College responded to the LOI on December 1, 2005.
III. DISCUSSION
3. Under Section 503(b)(1) of the Act, any person who is determined by the
Commission to have willfully or repeatedly failed to comply with any
provision of the Act or any rule, regulation, or order issued by the
Commission shall be liable to the United States for a forfeiture penalty.
Section 312(f)(1) of the Act defines willful as "the conscious and
deliberate commission or omission of [any] act, irrespective of any intent
to violate" the law. The legislative history to Section 312(f)(1) of the
Act clarifies that this definition of willful applies to both Sections 312
and 503(b) of the Act, and the Commission has so interpreted the term in
the Section 503(b) context. The Commission may also assess a forfeiture
for violations that are merely repeated, and not willful. "Repeated"
means that the act was committed or omitted more than once, or lasts more
than one day. In order to impose such a penalty, the Commission must issue
a notice of apparent liability, the notice must be received, and the
person against whom the notice has been issued must have an opportunity to
show, in writing, why no such penalty should be imposed. The Commission
will then issue a forfeiture if it finds, by a preponderance of the
evidence, that the person has willfully or repeatedly violated the Act or
a Commission rule. As described in greater detail below, we conclude under
this procedure that Jones College is apparently liable for a forfeiture in
the amount of $5,000 for its apparent, willful, and repeated violations of
the Commission's Underwriting Rules.
A. Jones College Has Willfully and Repeatedly Broadcast Advertisements in
Violation of Section 399B of the Act and Section 73.503 of the
Commission's Rules
4. Advertisements are defined by the Act as program material broadcast "in
exchange for any remuneration" and intended to "promote any service,
facility, or product" of for-profit entities. The pertinent statute
specifically provides that noncommercial educational stations may not
broadcast advertisements. Although contributors of funds to such stations
may receive on-air acknowledgements, the Commission has held that such
acknowledgements may be made for identification purposes only, and should
not promote the contributors' products, services, or businesses.
Specifically, such announcements may not contain comparative or
qualitative descriptions, price information, calls to action, or
inducements to buy, sell, rent or lease. At the same time, however, the
Commission has acknowledged that it is at times difficult to distinguish
between language that promotes versus that which merely identifies the
underwriter. Consequently, the Commission expects that licensees exercise
reasonable, "good faith" judgment in this area, and affords some latitude
to the judgments of licensees who do so.
5. At issue here are eight underwriting announcements, transcripts of
which are attached, that Jones College does not dispute that its station
broadcast on July 2 and July 9, 2005. Although Jones College claims that
it "cannot confirm or deny" that the transcripts of the announcements,
based on the Commission's field monitoring, represent exactly what was
broadcast, it acknowledges that "it is likely that the announcements were
aired substantially as they are shown." Jones College further represents
that all of the entities mentioned in the announcements are for-profit
entities. Jones College claims that it received no consideration from any
for-profit entity for broadcasting the announcements, which it contends
were contained in the prerecorded weekly "Swingtime" program provided at
no charge by Mr. Norm Vincent. Jones College further claims that the
station terminated its broadcast of the "Swingtime" program and
association with that programmer upon receipt of the Commission's inquiry.
6. After careful review of the record in this case, we find that the
announcements set forth in the attached transcript were made on behalf of
for-profit entities and apparently exceed the bounds of what is
permissible under Section 399B of the Act and the Commission's pertinent
rules and policies, in light of the "good faith" discretion afforded
licensees under Xavier, supra. We conclude that they appear to constitute
prohibited advertisements because they invite or urge business patronage
(e.g., "how about doing something fun . . . let me suggest a visit to
Annabelle's Gifts and Home Furnishing Gallery"), distinguish favorably the
respective underwriters from their competitors by stating or implying that
they offer superior service, products or price (e.g., "good news for all
of you 55 years and up . . .the senior bonus program is valid four days a
week. . . at the senior's rate and that includes your golf cart"), and
describe their underwriters through comparative or qualitative references
made either directly or indirectly (e.g., "doing things right since
nineteen five;" "the longest continuous builder in Northeast Florida;" and
"[i]t's a special place, always with something special for you"). We note
that many of the announcements involved are sixty seconds in length.
Although the Commission has not imposed quantitative limits on the length
of underwriting announcements, it has found that the longer they are, the
more likely they are to contain material, as here, that is inconsistent
with the "identification only" purpose of such announcements.
7. Further, we find that a quid pro quo exchange of consideration between
the underwriter and the licensee for a violation of Section 399B exists in
this case. Jones College contends that there was no violation because no
support of any kind was provided to the station by any for-profit entity,
apart from the programming and announcements contained therein, which were
furnished to the station by the program producer, and not the underwriters
themselves. Jones College argues that the station's broadcast of the
embedded announcements contained therein was thus unsupported by
consideration, and must be deemed harmless under the Act.
8. We reject this argument. The Act does not require that the
consideration involved be supplied directly by the sponsor or underwriter
itself. Moreover, cognizable consideration may take many forms, including,
as in the instant case, the programming itself. Nor is this case similar
to instances where the Commission found mitigating the fact that
third-party program providers supplied the programming and promotional
announcements to the station. Unlike those cases, this case involves the
station's broadcast of numerous and lengthy announcements contained in
programming that was supplied by the same third-party programmer and
involved many of the same advertisers as programming that drew a previous
admonishment for violation of the Underwriting Rules. In these
circumstances, no mitigation as a consequence of the "embedded" nature of
the impermissible advertisements is warranted.
B. Proposed Action
9. Section 503(b) of the Act and Section 1.80(a) of the Commission's rules
both state that any person who willfully or repeatedly fails to comply
with the provisions of the Act, the rules or Commission orders shall be
liable for a forfeiture penalty. The Commission's Forfeiture Policy
Statement sets a base forfeiture amount of $2,000 for violation of the
enhanced underwriting requirements. The Forfeiture Policy Statement also
provides that the Commission shall adjust a forfeiture based upon
consideration of the factors enumerated in Section 503(b)(2)(E) of the
Act, such as "the nature, circumstances, extent and gravity of the
violation, and, with respect to the violator, the degree of culpability,
any history of prior offenses, ability to pay, and such other matters as
justice may require."
10. In the Christian Voice NAL, the Bureau proposed a $20,000 forfeiture
against a noncommercial educational broadcast licensee for airing ten
separate announcements on several thousand occasions in apparent violation
of the Commission's Underwriting Rules over a fifteen-month period of
time. Here, it appears that on July 2, 2005, Jones College willfully and
repeatedly broadcast eight separate advertisements, repeating one
announcement twice and another once, and airing two of the eight
announcements again on July 9, 2005, in violation of Section 399B of the
Act and Section 73.503(d) of the Commission's rules. While the number of
prohibited announcements here is similar to Christian Voice NAL, the
number of repetitions is substantially fewer and the period of time over
which they aired is substantially shorter. On the other hand, the licensee
in this case has a history of non-compliance, having received an
admonishment for committing underwriting violations, and this is a
compounding factor.
11. Moreover, Jones College's apparent response to its prior admonishment
for underwriting violations raises questions whether it has, since the
time of that admonishment, taken adequate steps to ensure that the content
of its broadcast material complies with the Commission's rules. Similarly,
we do not find relevant the fact that Jones College terminated the
"Swingtime" program after having received the Commission's inquiry in this
case, because such post-facto remedial efforts are not mitigating. Based
on all the circumstances, and after examining forfeiture actions in other
recent underwriting cases, including that cited above, we believe that a
forfeiture of $5,000 is appropriate.
IV. ORDERING CLAUSES
12. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of
1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's
rules, Jones College, licensee of noncommercial educational Station
WKTZ-FM, Jacksonville, Florida, is hereby NOTIFIED OF ITS APPARENT
LIABILITY FOR A FORFEITURE in the amount of $5,000 for willfully and
repeatedly broadcasting advertisements in violation of Section 399B of the
Act, 47 U.S.C. S: 399b, and Section 73.503 of the Commission's rules, 47
C.F.R. S: 73.503 during the period of July 2005.
13. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's
rules, that within thirty days of the release of this Notice, Jones
College SHALL PAY the full amount of the proposed forfeiture or SHALL FILE
a written statement seeking reduction or cancellation of the proposed
forfeiture.
14. Payment of the forfeiture must be made by check or similar instrument,
payable to the order of the Federal Communications Commission. The payment
must include the NAL/Account Number and FRN Number referenced above.
Payment by check or money order may be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by
overnight mail may be sent to U.S. Bank - Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment[s] by
wire transfer may be made to ABA Number 021030004, receiving bank
TREAS/NYC, and account number 27000001. For payment by credit card, an FCC
Form 159 (Remittance Advice) must be submitted. When completing the FCC
Form 159, enter the NAL/Account number in block number 23A (call
sign/other ID), and enter the letters "FORF" in block number 24A (payment
type code). Requests for full payment under an installment plan should be
sent to: Chief Financial Officer -- Financial Operations, 445 12th
Street, S.W., Room 1-A625, Washington, D.C. 20554. Please contact the
Financial Operations Group Help Desk at 1-877-480-3201 or Email:
ARINQUIRIES@fcc.gov with any questions regarding payment procedures. Jones
College will also send electronic notification on the date said payment is
made to Hillary.DeNigro@fcc.gov, Kenneth.Scheibel@fcc.gov, and
Anita.Patankar-Stoll@fcc.gov.
15. The response, if any, shall be mailed to Hillary S. DeNigro, Chief,
Investigations and Hearings Division, Enforcement Bureau, Federal
Communications Commission, 445 12th Street, S.W, Room 4-C330, Washington
DC 20554 and SHALL INCLUDE the NAL/Acct. No. referenced above. To the
extent practicable, the response, if any, shall also be sent via e-mail to
Hillary.DeNigro@fcc.gov, Kenneth.Scheibel@fcc.gov, and
Anita.Patankar-Stoll@fcc.gov.
16. The Commission will not consider reducing or canceling a forfeiture in
response to a claim of inability to pay unless the respondent submits: (1)
federal tax returns for the most recent three-year period; (2) financial
statements prepared according to generally accepted accounting practices
("GAAP"); or (3) some other reliable and objective documentation that
accurately reflects the respondent's current financial status. Any claim
of inability to pay must specifically identify the basis for the claim by
reference to the financial documentation submitted.
17. IT IS FURTHER ORDERED that the above-referenced complaint filed IS
GRANTED to the extent indicated herein and IS OTHERWISE DENIED, and the
instant complaint proceeding IS HEREBY TERMINATED.
18. IT IS FURTHER ORDERED that a copy of this Notice shall be sent, by
Certified Mail/Return Receipt Requested, to Jones College,5353 Arlington
Expressway, Jacksonville, Florida, 32211, and by regular mail to its
counsel, Christopher D. Imlay, Esq., Booth, Freret, Imlay & Tepper, P.C.,
14356 Cape May Road, Silver Spring, Maryland 20904-6011.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
ATTACHMENT
The following text was transcribed from audio recordings of underwriting
announcements broadcasted on WKTZ-FM, Jacksonville, Florida, on July 2
and/or 9, 2005:
1. Annabelle's Gifts and Home Furnishing Gallery
All right...uh this being the uh...4th of July weekend, how about doing
something fun if you have nothing else planned, today ...uh let me suggest
a visit to "Annabelle's Gifts and Home Furnishing Gallery" in Orange Park.
There's a decorator item at Annabelle's I'd like to tell you about, you
ought to look at and see it might be something you'd like to have ...Its
call "Wallpaper for Windows" etch art. Yeah, that's right it's called
"Wallpaper for Windows" and what it is... it's a static-cling film that
fits most the standard and custom windows and glass doors and has the look
of etched glass, available in many patterns, including the new "Wallpaper
for Windows Privacy Glass." Privacy glass lets light in but obscures the
visibility through a window or glass door, plus it filters 95% of the
ultraviolet rays, protecting carpets and furnishing from fading.
"Wallpaper for Windows" new privacy glass is the answer for creating a
decorative focus or to dress up windows, glass doors, kitchen covers,
glass shower doors... Now you can install it, you can remove it, you can
reuse it if you like and of course you can clean it. "Wallpaper for
Windows," transforming your windows into works of art... at "Annabelle's
Gifts and Home Furnishings Gallery" on College Drive, immediately off
Landing Boulevard in Orange Park. A special place, always with something
special for you.
2. Sid Higginbotham Builder, Inc. (At 22:36 minutes from the beginning of
recording)
Sometime ago, a newspaper writer, commenting on, uh house construction in
a local newspaper here in Jacksonville stated that, quote: "the quality of
a new home will be determined in large measure by the skill of the
building professional who constructs it" U-hum! "and you should shop for a
builder as careful as you shop for the features of a home." Well, let me
tell you about "Sid Higginbotham Master Builder." Sid Higginbotham Builder
Inc., founded by Sid in 1957, he is the longest continuous builder in
Northeast Florida. Tells you something doesn't it? Building in, oh!, in
communities like Eagle Harbor at Fleming Island, Julianton Creek
Plantation, Magnolia Point Golf and Country Club, two communities
bordering Doctor's Lake, one is Paradise Moorings and the other is Romeo
Point. Of course, if you have some property; Sid Higginbotham will build
on your land as well. They are also building in [the] Eagle Lake Landing
in the estate section of Oakley Plantation and I know you'd like some
information about how Sid and his son Roger can build your home and a
model location, call 771- 5816. That is 771-5816. Sid Higginbotham Master
Builder, Sid Higginbotham Builder Inc. and for their web page is w Sid
Higginbotham. Let's start again, the web page is www.sidhigginbotham.com
Alright? Alright.
3. Donovan Heat and Air
If you are tired of high utilities bills, Donovan Heat and Air has a new
tool I'd like to tell you about. It's called air diagnostics. Air
diagnostics it has to do with the ducting system in your heating and
cooling system. Your system is attached to electrical and refrigeration
lines but then there's the ducting system and even if other components
were perfectly, ducting defects can reduce the amount of cooling and
heating and the system's efficiency by up to, I'm told, about 50%. Now
they age poorly, they wrinkle, they sag, and even if you needed to do some
updating to your system, Donovan Heat and Air has the tools and the
training and their air diagnostics can help you make decisions about your
air conditioning system. Now here is the number to call two, two, three,
forty two hundred; two, two, three, forty two hundred, and with Donovan my
friends you know who you're dealing with.
4. Windsor Park Golf Club
For golfers of all ages here's some good advice from Doctor Bob Rotella.
He is the author of "Golf is not a game of Perfect" and he says quote:
"Don't let the good play of your opponents distract you and foul up your
game. Assume that they'll hit their best possible shots, then if it
happens, you'll be prepared for it." Alright, that's good advice from Bob
Rotella and now some good news for all of you 55 years and up senior
golfers, who are looking to put your game on the right course, and the
course, I'm speaking about is the course at Windsor Park Golf Club,
Windsor Park Golf Club. The senior bonus program is valid four days a
week, and that's Mondays through Thursdays at the senior's rate and that
includes your golf cart. Now the Windsor Park Golf Course is challenging,
so seniors 55 years and up, the seniors rate Mondays through Thursdays
except TPC week and holidays, well its for you. Here is a number for you
to call 223-golf that's 223-golf for details and if it's in your mind go
ahead and arrange a tee time. Windsor Park Golf Club, it's on Hudgins
Boulevard between Beach and the Butler.
5. Annabelle's Gifts and Home Furnishing Gallery
Let me tell you about "Annabelle's Gifts and Home Furnishing Gallery" in
Orange Park. Annabelle's with gifts and accessories for any occasion, oh
along with interior appointments and floral designs, chest, cabinets,
tables, pictures, mirrors, lamps, Emerson furniture, furniture, furniture.
Now, at Annabelle's three products to care for your furniture and carpets
and fabrics... Wyman Furniture Polish with lemon oil, for no wax build
ups, also Wyman Panel and Cabinet Polish for covering up scratches and a
spray product called Wineaway, for removing red wine stains on carpets and
fabrics Now speaking about furniture, Anabelle's has introduced Ambiance
Imports, Ambiance Imports and their line of furniture for bath and hearth.
Furniture for powder rooms and fire places specially designed to provide
shelving and storage in your limited space areas and so much more. Now all
waiting your distern...your discerning... I can say your discreet and
discerning taste, at Annabelle's on College Drive. That's immediately off
Landing Boulevard on Orange Park. It's a special place, always with
something special for you.
6. Claude Nolan Cadillac
And Swingtime being brought to you by Claude Nolan Cadillac, out there on
South Side Boulevard across from Tinsel Town just north of the Butler and
you'll find the goal here is to serve you. And whether you decide to buy
or lease, Claude Nolan's Finance and Insurance Office, offers a range of
financing options. Claude Nolan Cadillac, they've been doing things right
since nineteen five.
7. Donovan Heat and Air
Have you ever become concerned about carbon monoxide levels in your home?
You know symptoms included, oh, light headiness, coughing, flu like
symptoms. Perhaps you have a detector that's gone off in the past. Well if
you have a concern, Donovan Heat and Air will like to help. Donovan has
the instrumentation to check carbon monoxide levels and will provide you
with a report. Now, Donovan understands how carbon monoxide is generated
and how it moves throughout a building. Donovan measures where it's
produced and then compares all the readings to the very toughness
standards. Donovan Heat and Air will then issue, what they call a report
card and provide you with simple steps to reduce carbon monoxide levels.
Now, if you'd like to know if your home makes the grade, contact Donovan
Heat and Air at two, two, three,
forty two hundred; that's two, two, three, forty two hundred. Donovan has
detectors for sale, too. So, for more information on the dangers of carbon
monoxide and how to make and keep your home safe from it, call Donovan at
two, two, three, forty two hundred. With Donovan, you know who you're
dealing with.
8. Vystar Credit Union
Funding for the broadcast of today's Swingtime, has been provided by . . .
Vystar Credit Union. Now, whether its better interest rates on your
savings, loans that are more within your reach, or just a firm hand shake
and good old fashion service -- you deserve it. Vystar Credit Union and
Vystar Financial Group, we never forget that it's your money.
See 47 U.S.C. S: 399b.
See 47 C.F.R. S: 73.503 (the "Underwriting Rules").
See Case Report, prepared by the Tampa Field Office, Enforcement Bureau,
and dated September 19, 2005 ("Field Office Report"), at 2.
See id. at 2-3.
See Letter from William D. Freedman, Deputy Chief, Investigations and
Hearings Division, Enforcement Bureau, to Jones College, dated November
10, 2005 ("November 10th LOI").
See Letter from Christopher D. Imlay, Esq., Counsel to Jones College, to
Kenneth M. Scheibel, Jr., Attorney, and William D. Freedman, Deputy Chief,
Investigations and Hearings Division, Enforcement Bureau, dated December
1, 2005 ("Response").
See 47 U.S.C. S: 503(b)(1)(B); 47 C.F.R. S: 1.80(a)(1).
47 U.S.C. S: 312(f)(1).
See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).
See, e.g., Southern California Broadcasting Co., Memorandum Opinion and
Order, 6 FCC Rcd 4387, 4388 (1991).
See, e.g., Callais Cablevision, Inc., Grand Isle, Louisiana, Notice of
Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359, 1362, P: 10
(2001) ("Callais Cablevision") (issuing a Notice of Apparent Liability
for, inter alia, a cable television operator's repeated signal leakage).
Southern California Broadcasting Co., 6 FCC Rcd at 4388, P: 5; Callais
Cablevision, Inc., 16 FCC Rcd at 1362 P: 9.
See 47 U.S.C. S: 503(b); 47 C.F.R. S: 1.80(f).
See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589,
7591 P: 4 (2002) (forfeiture paid).
See 47 U.S.C. S: 399b(a).
See id.
See Public Notice, In the Matter of the Commission Policy Concerning the
Noncommercial Nature of Educational Broadcasting Stations (1986),
republished, 7 FCC Rcd 827 (1992) ("Public Notice").
See id.
See Xavier University, Letter of Admonition, issued November 14, 1989
(Mass Med. Bur.), recons. granted, Memorandum Opinion and Order, 5 FCC Rcd
4920 (1990) ("Xavier").
See Response at 2. The licensee asserts that "the announcements, or some
version of them, would each have been broadcast" during the "Swingtime"
program. Id. Some of the eight distinct announcements reflected in the
transcript were repeated in substantially similar form during the
broadcast on July 2nd, viz. those on behalf of Nolan Cadillac and Sid
Higginbotham Builders, Inc. Similarly, the second announcement on behalf
of Annabelle's Gift and Home Furnishings Gallery was repeated on July 9th,
as was the Higginbotham announcement.
Id.
Id.
See id. at 2.
See id. at 2-3. Two additional announcements involving Fleet Landing and
St. Catherine's Laboure Manor are not considered because Jones College
asserts that they are not-for-profit entities. See Memorandum Opinion and
Order, Commission Policy Concerning the Noncommercial Nature of
Educational Broadcast Stations, Report and Order, 90 FCC 2d 895, 900 n.16
(1982), recons., 97 FCC 2d 255 (1984) ("1982 Policy Statement") (noting
that institutions which qualify under IRS guidelines as not-for-profit
organizations may receive promotional announcements).
See Response at 4.
See Public Notice, supra note 17.
See Field Office Report at 11; see also
http://wktz.jones.edu/sponsor_costs.htm, wherein the licensee posts its
rates for the station's broadcast of fifteen, thirty and sixty-second
underwriting spots.
See Public Notice, supra note 17.
See Response at 2.
We note that 47 U.S.C. S: 399b(a) simply provides: "[f]or purposes of this
Section, the term `advertisement' means any message or other programming
material which is broadcast or otherwise transmitted in exchange for any
remuneration, and which is intended to promote any service, facility or
product offered by any person who is engaged in such offering for profit."
See 1982 Policy Statement, 90 FCC 2d at 911-912 P:P: 26-28.
See In re Window to the World Communications, Inc. (WTTW(TV)), 12 FCC Rcd
20239 (Mass Med. Bur. 1997), forfeiture reduced, 15 FCC Rcd 10025 (Enf.
Bur. 2000); see also Minority Television Project, Inc. (KMTP-TV),
Forfeiture Order, 18 FCC Rcd 26611 (Enf. Bur. 2003), aff'd, Order on
Review, 19 FCC Rcd 25116 (2004), recons. denied, 20 FCC Rcd 16923 (2005)
(forfeiture paid).
See Jones College (WKTZ-FM), Memorandum Opinion and Order, 18 FCC Rcd
24971 (2003).
For the same reason, we find unconvincing Jones College's suggestion that
it was exploited by a program provider, who, aware of the fact that his
program material received little station review, "recommenc[ed his
insertion of] zealous sponsorship announcements." See Response at 5.
See 47 U.S.C. S: 503(b); 47 C.F.R S: 1.80.
See The Commission's Forfeiture Policy Statement and Amendment of Section
1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd
17087, 17115 (1997) ("Forfeiture Policy Statement"), recons. denied 15 FCC
Rcd 303 (1999); 47 C.F.R. S: 1.80(b).
47 U.S.C. S: 503(b)(2)(E). See also Forfeiture Policy Statement, 12 FCC
Rcd at 17100 P: 27.
See Christian Voice of Central Ohio, Inc.(WCVZ(FM)), 19 FCC Rcd 23663
(Enf. Bur. 2004) ($20,000 forfeiture initially proposed for underwriting
violations), forfeiture reduced, 23 FCC Rcd 7594 (Enf. Bur. 2008)
(forfeiture reduced to $9,000 for good compliance record and after finding
acceptable a previously sanctioned announcement), recons. den., 23 FCC Rcd
15943 (2008) (collectively "Christian Voice").
See supra note 33.
See Entercom Sacramento License, LLC., Notice of Apparent Liability, 19
FCC Rcd 20129 (2006) (forfeiture increased because licensee had history of
violating the rules (indecency)); Family Life Educational Foundation
(KOUZ(FM)), Notice of Apparent Liability, 17 FCC Rcd 16317 (Enf. Bur.
2002) (forfeiture paid) (forfeiture imposed because Licensee had a history
of underwriting violations); c.f. Southern Rhode Island Broadcasting,
Inc., Notice of Apparent Liability, 15 FCC Rcd 8115 (Enf. Bur. 2000)
(forfeiture paid) (lower forfeiture imposed for underwriting violation
"due to the prior unblemished enforcement record of the licensee.")
Jones College indicated that Mr. Vincent was urged to "truncate" the
messages contained within his programming after the Commission first
investigated and admonished the licensee in 2003. Since that time,
however, Jones College asserts that, having noted "no irregularities," the
licensee reviewed such programming "only periodically." See Response at
4-5.
See Capstar TX Limited Partnership (WKSS(FM)), Notice of Apparent
Liability, 20 FCC Rcd 10636 (Enf. Bur. 2005) (forfeiture paid); AT&T
Wireless Services, Inc., Notice of Apparent Liability, 17 FCC Rcd 21866,
21871 (2002); KVGL, Inc., Memorandum Opinion and Order, 42 FCC Rcd 258,
259 (1973).
Cf. Caguas Educational TV, Inc. (WLAZ(FM)), Notice of Apparent Liability,
20 FCC Rcd 6093 (Enf. Bur. 2005) (forfeiture paid) ($10,000 forfeiture
imposed for first-time violation involving more than 1,600 repetitions of
two announcements over a five-month period); Family Life Educational
Foundation (KOUZ(FM)), Notice of Apparent Liability, 17 FCC Rcd 16317
(Enf. Bur. 2002) (forfeiture paid) ($2,000 forfeiture imposed for repeat
violation involving 120 repetitions of single message over a three-month
period).
For purposes of the forfeiture proceeding initiated by this NAL, Jones
College shall be the only party to this proceeding.
Federal Communications Commission DA 09-47
2
2
Federal Communications Commission DA 09-47